The Selangor Badminton Association has openly defied a directive from sports commissioner Elyas Omar on the validity of the association’s general meeting and its election which ousted controversial politician Zakaria Mohd Deros and his men as office bearers.

The association said that it would not adhere to the commissioner’s letter dated Dec 24 which stated that the association's biennial general meeting held on March 31 this year was invalid and that the office bearers were not validly elected.

The sports commissioner, a high profile appointment by the Sport Ministry to oversee the administration of all sports bodies in the country, has been accused by the SBA of abusing his powers and pandering to political pressures.

This sign of dissent by the SBA against Elyas, a former Kuala Lumpur mayor, is seen by many as one which undermines his role and responsibility to ensure sports bodies are administered accordingly.

The open rebuke by the SBA office bearers, led by its president V Subramaniam, also brings to a new height the open battle for control of the prestigious SBA between his team and one led by Port Klang state assemblyperson Zakaria.

Zakaria and his team were the office bearers who were ousted by Subramaniam’s team in the recently held biennial general meeting.

The last straw

In a strong-worded letter written to Elyas yesterday, Subramaniam - through the new office bearers’ lawyer DP Vijandran - told the commissioner that they have for long “extended the fullest possible cooperation to you and your office in the interests of preserving amity and wanting to avoid any conflict with you”.

However, he added that Elyas’s letter on Monday which ruled the biennial general meeting (BGM) invalid was the last straw.

“The trend of past events clearly shows that you have acted in a biased and unfair manner with the unacceptable intent of propping up politically well-connected people who are trying to seize power within the SBA by using you,” said Subramaniam’s letter.

The letter also gave a brief recount of events to back their claims that Elyas was being unfair to them.

In the letter, the Subramaniam’s team stated that they were actually elected in a BGM which was held on Dec 9, 2006, kicking out the office bearers led by Zakaria ( left ).

However two days later, on Dec 11, Elyas had asked them to postpone the BGM, citing an oral request by Zakaria and pressure from certain quarters.

He had then written to Subramaniam on Feb 27, 2007 to say that since the BGM was not put off, it was thus invalid. He asked them to hold another general meeting before March 31 this year.

As a result, a separate BGM was held on that stipulated date with the same office bearers elected in 2006 being reelected. This means Subramaniam’s team had oust Zakaria’s team once again.

Following this new BGM in March, Elyas had written to several parties, including the Badminton Association of Malaysia (BAM) and Sports Council of Selangor confirming the 2007 BGM and the office bearers.

However this did not mean that the new office bearers could finally proceed with their jobs.

On two occasions - in July 26 and Dec 11- Elyas had met with the newly elected office bearers and asked for the BGM to be held again.

He then followed up with letter on Dec 13, asking Subramaniam to reconvene the BGM held in March as 10 badminton clubs were not invited to attend the 2007 BGM. These clubs are said to be associated to Zakaria.

Subramaniam responded to the letter by explaining in detail as to why these clubs were not included, his letter to Elyas yesterday said.

Putting Zakaria back in power

It was after this that the sports commissioner had sent his letter on Dec 24 declaring the BGM as invalid.

His letter also stated that the elected office bearers be replaced by the council elected in 2004 - Zakaria and his men - who will then conduct fresh elections.

“SC acted outside the scope of his duty. The Sports Development Act does not enable him to intervene in the internal affairs if any sports body or to interpret the constitution of that sports body or decide who shall be members of that sports body,” read the SBA’s letter to Elyas yesterday.

“Your directives are ultra vires your powers under the Act and are unconstitutional as they constitute an encroachment on the fundamental liberty of freedom of association,” it added.

The newly appointed office bearers also accused Elyas of acting in bad faith by taking the side of Zakaria and “appear to be dancing to his tune”.

They said that they realise that Zakaria has considerable political clout.

“In fact he had twice threatened to use his political connections to oust the current executive council,” the letter said.

Subramaniam’s team told Elyas quite clearly that since his directives in the letter dated Dec 24 were ultra vires of the Sports Development Act and unconstitutional under the federal constitution and contravened the provisions of the SBA constitutions, they are thus invalid, null and void and of no legal effect.

They said that they could not comply with the said directives and that they would stay in office to carry on the duties.

They added that they were not prepared to be pushed around as SBA members were fed up with the waste of time and resources in trying to comply with unreasonable and illegal demands from the sports commissioner’s office.

“If it is necessary, we will take up all legal steps and avenues open to us to fight for our rights and the welfare of the SBA,” they concluded in the letter.

A bitter stand-off

Zakaria and Elyas could not be contacted for comments.

In a press conference held on Dec 24, Elyas had announced that he acted under Section 13 of the Sports Development Act 1997 to declare the March 31 BGM and elections null and void.

He said that would mean the SBA’s 2004-2006 office bearers led by Zakaria must conduct fresh BGM and elections under the supervision of BAM within 21 days.

Elyas has directed the 2004-2006 committee to hold a general committee meeting according to Article 14 (3) of SBA's constitution as soon as possible to decide on the date and venue as well as the list of eligible affiliates who can attend the new BGM and elections.

With the stand taken by Subramaniam’s team now, it is unclear as to how the fresh BGM would be held.

Zakaria gained notoriety last year over his abuse of power as a Klang municipal councillor to built a palatial house in Klang without the approval of the local authorities and had defaulted on assessment payments for more than 10 years.

He was fined RM24,000 by the Klang Municipal Council. Subsequent investigations by the Anti-Corruption Agency were closed in May last year for lack of evidence.